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Afazullah Manjhee Vs. Election Tribunal, Patiya, 1975, 4 CLC (HCD)
....o certain things. Lastly, the 'Government' as occurs, in this Article cannot mean the Marine Academy. 3. Mr. Farmanullah Khan, the learned Advocate for the respondent No. 2, on the other hand, referred, to the expressions "dealer" as defined in the Bangladesh Essential Commodi......r of fact, he recorded findings regarding irregularities with respect to one centre only i.e. centre No. III. Secondly, the Election Tribunal wrongly interpreted Article 9(i) of the Bangladesh Local Government (Union Parishad and Pourashava) Order, 1973 (hereinafter referred to as 'the Order'......ed of in the above terms without any order as to costs. Shahabuddin Ahmed J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 577 ..Category: Contract Law, Election Law | Date: 13 Jun, 1975 | Hits: 3
Abdur Rashid and another Vs. Government of the People's Republic of Bangladesh, 1975, 4 CLC (HCD)
....hin the meaning of Article 2 of the President's Order No. 16 of 1972 due to the circumstances mentioned above…....(3) Lawyers Involved: T. H. Khan with A. H. Md. Nurul Huda Khandaker, Advocates—For the Petitioners. Mahmudul Islam, Assistant Attorney-General &mdas......isdiction) Present: Fazle Munim J Shahabuddin Ahmed J Abdur Rashid and another………………..Appellants Vs. Government of the People's Republic of Bangladesh………Respondent Judgment......is made absolute. We, however, make no order as costs. Shahabuddin Ahmed J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 614 ..Category: Abandoned Properties Law, Constitutional Law | Date: 22 May, 1975 | Hits: 7
Monipur Tea Co. Ltd. And Ahmedur Rahman, 1975, 4 CLC (HCD)
.... of Joint Stoke company Madura; AIR 1938 Mad. 640. Bal Krishna Maheswari Vs. Uma Shanker Mehrotra AIR. 1947 All. 367; Ahmed Hossain Vs. Sayedur Rahman 18 DLR Dacca 506 and PLD 1968 Dacca 610, Satish Chandra Banik Vs. Dacca Jute Mills Ltd. Lawyers Involved: Rafiqul Huq, with E.H. Khan A.T. ......ectors was held in 1973 to discuss the accounts of the company for the year 1972. Similarly no accounts of the year 1971 were even presented before the Board in 1972 although there was a loss of Taka over 6 lacs appears from the balance sheet of the year 1971. In Every year from 1955 to 1970 the com......s, namely, the payment of 3% dividends as declared by the company's profit from 1970 and the full amount has not been paid yet in spite of repeated demands by the objector, that the company under management of the petitioner was heavily in debts and its liability for exceeds its assets at the pr..Category: Corporate Law | Date: 20 May, 1975 | Hits: 2
....d on behalf of the appellants that the damages have not been assessed on correct principle and the amount assessed is too excessive. The learned Advocate for the plaintiff respondent has on the other hand submitted that the claim as to damages was carefully scrutinized by the trial Court item wise a......
Vs.
Mofasiluddin Ahmed and others……………Respondents
Judgment
April 30, 1975
Result:
The appeal is allowed.
Cases Referred to-
Goverdhan Vs. Maruti A.I.R. 1915 Nagpur Page 4; Kosaraju Peda Subabyya and others Vs. Moraranemi Veer...... Scott Vs. London and St. Katherine Docks Co. (1865) 3 H & C 596 at 601) in the following words:
There must be reasonable evidence of negligence, but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of t..
Category: Civil Law | Date: 30 Apr, 1975 | Hits: 5
....eir functions so far as they relate to these units."
3. In order to understand the petitioners objections as regard the validity of this notification, it is necessary to refer to an earlier handout issued by the Secretary Dis-Investment Board. Government of the People's Republic of Ban....... 21 & 22 of 1973
Judgment
Fazle Munim J. — These 2 petitions were heard together. The common question raised by the petitioners in these two petitions relates to the validity of Government Notification No. IM-XV-41/72/521, dated 14. 12. 72, by which the Ministry of Industries, p......ned were placed under the Sena Kalyan Sangstha, particularly when there were other organizations which applied to buy the units. The said Sangstha could not, therefore, legitimately claim to have the management of the Industrial Units to which the petitioners in these 2 petitions are putting their c..
Category: Constitutional Law, Public Interest Litigation | Date: 28 Apr, 1975 | Hits: 3
Badruddin Vs. The Chairman, In the Court of Tribunal Judge, Ctg. & another, 1975, 4 CLC (HCD)
....Vs. Morgan, Queen’s Beach Division (1), 1894, 552 at page 558; Lord Denman in Bodenham Vs. Rickets; Lal and others Vs. The Crown, reported in 6 DLR (P.C.), 38 Lawyers involved: M. H. Khandker-For the Petitioner. S. R. Pal with S. C. Das—For the Respondent No. 2. ......e petitioner forcibly turned him out of the shop on 22.9.71 with the help of some military personnel. The petitioner also got 3 sheets of blank paper signed by him. The respondent No. 2 prayed for recovery of the property in question. 3. The petitioner filed a written objection wherein he state......esult, the Rule is made absolute. We, however, make no order as to costs. Shahabuddin Ahmed J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 611 ..Category: Arbitration Law | Date: 24 Apr, 1975 | Hits: 2
Messrs. Haji Azam Vs. Singleton Binda & Co. Ltd. Binder, 1975, 4 CLC (HCD)
....faction of the Government of Pakistan cannot be deemed to be the satisfaction of Bangladesh. 6. Mr. Hafizullah, the learned Advocate appearing on behalf of Opposite party No. 1, has on the other hand, contended that the Act with all its provisions has continued in force in Bangladesh and by vir......dinate Judge was clearly wrong in holding that the amendment introduced by Ordinance No. 53 of 1962 whereby Pakistan accepted the notification issued under section 2 of the Act by the late Government of India before The Independence Act; 1947 as a Notification, deemed to have been issued b......on (Protocol and Convention) Act, 1937 are held to be not maintainable. S.M. Mohseen Ali, J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 583 ..Category: Arbitration Law | Date: 23 Apr, 1975 | Hits: 3
Bangladesh Vs. Babu Indu Bhusan Gupta & others, 1975, 4 CLC
....r measuring more or less 700 acres thrown up by a tributary of the Meghna at Bhola and the rival claimants are the plaintiffs and the co-plaintiffs who have been subsequently added as such on the one hand, and defendant No.1, which was originally Province of Bengal, subsequently after partition of t......efendant No. 1 in the suit. 2. The plaintiff respondents brought this suit being Title Suit No. 42 of 1943 in the Second Court of Subordinate Judge at Bakerganj for a declaration of title and recovery of khas possession and for mesne profits as well as for a permanent injunction against the Pro......g been disposed of the rule stands discharged without any order as to costs. S. M. Mohsen Ali J.—I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 534 ..Category: Property Law | Date: 17 Apr, 1975 | Hits: 2
Sayed Maksud Ah¬med Vs. Sunil Kumar Basu & others, 1975, 4 CLC (HCD)
.... Result: The rule is discharged. Cases Referred to- Md. Swaleh Vs. U.G. & Fodder Agencies (964) 16 DLR (SC) 155; Mushtaq Ali Vs. Khushi Muhammad PLD 1961 Lahore 792; Hariram Rewachand Vs. Pribhdas Mulchand and others AIR 1945 Sind 98; Sangram Singh, Vs. Election Tribunal Kotah a......ision, to use a comprehensive term, is null and void. Two expressions in the article require interpretation; first, ex parte and second, 'null and void'. 6. The expression ex parte governs three classes of decision; judgments, decrees and orders. The decision again must have been p......the rule with costs. Order In accordance with majority view the rule is discharged with costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 275 ..Category: Property Law | Date: 11 Apr, 1975 | Hits: 4
Shahiduddin Iskandar Vs. Bangladesh Election Commissioner & others, 1975, 4 CLC (HCD)
...., Narayanganj and others, (1961); 17 DLR 181 PLD. 1961 Dacca 263; The Presiding Officer Vs. Sadruddin Ansari and others, 19 DLR (S.C.) 510. Lawyers Involved: Serajul Huq, with Amir Hossain Khandaker—For the petitioner. K.Z. Alam, Deputy Attorney-General, Ismalluddin Sarker, Asst......d and the injunction order has been vacated. Abdur Rahman Chowdhury J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 476 ......d and the injunction order has been vacated. Abdur Rahman Chowdhury J. — I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 476 ..Category: Election Law | Date: 4 Apr, 1975 | Hits: 2
Sree Sree Radha Krish¬na Deities Vs. Bangladesh and others, 1974, 3 CLC (HCD)
....e without any order as to costs. Let the records be sent down expeditiously. Amirul Islam Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 116. ......perty and he also held that the prayer for declaration and for injunction was not maintainable. He, however, held that the plaintiff was given a chance to modify the plaint for declaration and for recovery of khas possession giving proper market value of the Tea Estate, in default the suit shall sta...... unlawful, null and void illegal, without jurisdiction and of no legal effect. B) A permanent injunction restraining the defendant No.1-7 from interfering with the plaintiff's possession and management of the S/properties in any manner and also from withdrawing any amount from the A/C of th..Category: Property Law | Date: 5 Mar, 1975 | Hits: 2
Mafu alias Mafizuddin Gazi Vs. The State, 1975, 4 CLC (HCD)
.... to transportation for life, for murdering one Hasan Ali Chowkidar. 2. The prosecution case is that Hasan Ali Chowkidar and the accused persons were the inhabitants of village North Algi within chandpur Police Station of Comilla District. About 500 cubits west of the house of Hasan Ali Chowkida......agistrate stating this allegation against the Daroga. The Daroga, P.W. 13 has denied the allegation altogether and said that he had recorded the F.I.R. oh the statement of the complainant and read it over to him and thereafter took his L.T.I. thereon. The petition of allegation dated 29-9-69 though ......ted that they all be set at liberty at once if not wanted in any other case. The appeal is allowed. A.T.M. Masud J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 16 ..Category: Criminal Law | Date: 21 Jan, 1975 | Hits: 2
..... - I agree.
Ed.
This Case is also Reported in: 27 DLR (HCD) (1975) 523
......ment
January 9, 1975.
Result:
The appeal is allowed
Cases Referred To-
Kunj Beharilal Vs. The Bharagava Commercial Bank, I.L.R. 40 Allahabad 522; A.I.R. 1918 Allahabad 363,;Cooveriji Umersey Vs. Mareji Vagaji & another, A.I.R. 1937 Bom 26; Hindusthan Co-operative Bank Li......draft of Rs. 25,000/00 on hypothecating certain stock of timber and the Bank accepted the security on the statement made by the plaintiff, but the stock of timber was never checked or verified by the management. The plaintiff having failed to repay the loan within the time agreed upon, the Bank serv..
Category: Banking Law, Contract Law | Date: 9 Jan, 1975 | Hits: 3
Abul Hossain and another Vs. Farrok Ahmed and another, 1974, 3 CLC (AD)
.... in the F.I.R. was one under section 364 of the Penal Code and the charge-sheet was also submitted under that section. 12. Mr. Mahbubur Rahman, appearing for the Respondent No.1, on the other hand, invited our attention to the order of the learned Session Judge who had cancelled the bail o......e case is remanded to the said Division for disposal in accordance with law and in the light of the observations made above. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 150. ......e case is remanded to the said Division for disposal in accordance with law and in the light of the observations made above. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 150. ..Category: Limitation Law | Date: 18 Dec, 1974 | Hits: 7
Aminul Islam and others Vs. M/s. James Finlay & Co. Ltd. Khulna, 1974, 3 CLC (AD)
....tion 19 of the Employment of Labour (Standing Orders) Act, 1965 These two appeals are disposed of accordingly without any order as to costs. Ed. This Case is also Reported in: ......, taken made or issued under the corresponding provision of this Act " 15. It is to be noted that under section 42 of the Labour Disputes Act, 1965 the legislature conferred upon the Government the power to make rules for carrying into effect the purpose of the Act. The relevan...... it was a fresh action having bad no connection with the previous charge which was ultimately withdrawn. This connection is of no force because it is in compliance with the provisions of law that the management brought no charge or stigma against the worker when the order of termination of services ..Category: Labour and Industrial Law | Date: 3 May, 1974 | Hits: 134
Nurul Alam Vs. The Chairman, Second Labour Court of East Pakistan and others, 1973, 2 CLC (HCD)
....s held that the organization works is an industrial establishment and not a factory, he could at once be included in the category of worker as deemed in the Shops and Establishments Act. On the other hand, if it was found that the petitioner was employed in a factory he might not be a worker within ......er section 25(1)(a) of the Employment of Labour (Standing Orders) Act, 1965 (hereinafter referred to as the "Standing Orders Act") to the respondent company stating that they are governed by the provisions of the Shops and Establishment Act, 1965. He claimed that according to sec......bungalow which are allotted to its officers, whose conditions of service and payment of whose salaries are determined by the Management and whose continuance of service depends on the pleasure of the management, art persons engaged in an - operation which is incidental to the main industry and would..Category: Labour and Industrial Law | Date: 30 Jul, 1973 | Hits: 2
Mir Alauddin Ahmed Vs. Province of E. P. (Bangladesh) & others, 1973, 2 CLC (HCD)
....and despatched letters. The Despatcher and the H/C nave maintained that this was done without their knowledge and consent. This is hardly believable, The Issue Register is full of entries made in the hand writing of accused which shows that it was not the solitary instance on 9.11.65 that the accuse.................................Petitioner Vs. Province of E. P. (Bangladesh) & others .......Respondents Judgment July 13, 1973. Result: The Rule is made absolute. Government Service- Dismissal of on the ground of Corruption practice The petitioner was charge......de absolute. There will be no order as to costs. Fazle Munim J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 393 ..Category: Administrative Law, Employment/Service Law | Date: 13 Jul, 1973 | Hits: 1
.... as such it is difficult to impugn the finding of the Labor Court on that count. Mr. Hossain has also contended that the Labor Court found that the cheque that was recorded by the employee in his own hand was an old cheque of 11 years back and he could not have got it, is based on a total misconcept...... Court shall consist of a Chairman and two members to advise the Chairman, one of the members to represent the employers and the other to represent the workmen, all being appointed by the Provincial Government)
10. A reference to the corresponding provision of the repealed enactment will be fru......esire, to re agitate the matter before the Labor Court.
We make no order as to costs.
M.N. Huda J.- I agree.
This Case is also Reported in: 27 DLR (HCD) (1975) 158.
..
Category: Labour and Industrial Law | Date: 9 Apr, 1973 | Hits: 1
Md. Abdul Huq Miah, Advocate Vs. Additional District Judge, 1973, 2 CLC (HCD)
.... constituted under the President's Order No.13 of 1972. 2. The petitioner in his petition has stated that he entered into an agreement of purchase with one Madhusudhan Basak, son of late Kalchand Basak of the premises situated at 28/1 Gopumohan Basak Lane appertaining to plot Not 5461 of ho...... Mia stated to him that the respondent No. 2 Was hiding somewhere in the city and asked him to look after his house, but he was feeling helpless and wanted to leave the house on the petitioner taking over possession of the same. As such, the petitioner got into possession of the house at the request......is vacated. We, however, direct that the parties do bear their own costs in this Rule. K.M. Subhan J.- I agree. Ed. This Case is also Reported in: 27 DLR (HCD) (1975) 163 ..Category: Arbitration Law | Date: 20 Mar, 1973 | Hits: 4
....s. The suit is pending for a long time. It may be disposed of as expeditiously as possible.
Shahabuddin Ahmed J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 158.
......etermined before trial. The learned Subordinate Judge decided by his impugned order that the suit was maintainable.
4. The plaintiff-opposite party, in its counter-affidavit has stated that the Government of Bangladesh by Notification No.Ind-14 vested 16/74/336 dated 30-6-75 placed the plaintif......he plaintiff-opposite party, in its counter-affidavit has stated that the Government of Bangladesh by Notification No.Ind-14 vested 16/74/336 dated 30-6-75 placed the plaintiff firm under control and management of the Bangladesh Steel Mills Corporation and accordingly an application for amendment of..
Category: Corporate Law | Date: 10 Aug, 1972 | Hits: 2
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